CDR Marketing, Inc. v. Chopin

District Court of Appeal of Florida

CDR Marketing, Inc. v. Chopin

573 So. 2d 450, 1991 Fla. App. LEXIS 801, 1991 WL 11646

District Court of Appeal of Florida·Decided February 6, 1991·No. No. 89-2873·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse on the authority of Commonwealth Federal Savings and Loan Association v. Tubero, 569 So.2d 1271 (Fla.1990). Because the trial court’s written order failed to contain an express finding that the defendant’s repeated failure to comply with discovery orders was willful, we remand for reconsideration of this issue. As the Florida Supreme Court said in Tubero, by insisting upon a finding of willfulness or its equivalent, there will be the added assurance that the trial judge has made a conscious determination that the noncompliance was more than mere neglect and inadvertence.

REVERSED AND REMANDED.

GUNTHER and GARRETT, JJ., and WALDEN, JAMES H., (Retired) Associate Judge, concur.

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PER CURIAM.

We reverse on the authority of Commonwealth Federal Savings and Loan Association v. Tubero, 569 So.2d 1271 (Fla.1990). Because the trial court’s written order failed to contain an express finding that the defendant’s repeated failure to comply with discovery orders was willful, we remand for reconsideration of this issue. As the Florida Supreme Court said in Tubero, by insisting upon a finding of willfulness or its equivalent, there will be the added assurance that the trial judge has made a conscious determination that the noncompliance was more than mere neglect and inadvertence.

REVERSED AND REMANDED.

GUNTHER and GARRETT, JJ., and WALDEN, JAMES H., (Retired) Associate Judge, concur.

CDR Marketing, Inc. v. Chopin, 573 So. 2d 450, 1991 Fla. App. LEXIS 801, 1991 WL 11646 (Fla. Ct. App. 1991).

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